Bill Text: IA SF351 | 2017-2018 | 87th General Assembly | Enrolled

Iowa Senate Bill 351 (Prior Session Legislation)

Bill Title: A bill for an act providing for the elimination of the Iowa emergency response commission. (Formerly SSB 1081.) Effective 7-1-17.

Spectrum: Committee Bill

Status: (Passed) 2017-04-07 - Signed by Governor. S.J. 952. [SF351 Detail]

Download: Iowa-2017-SF351-Enrolled.html

Senate File 351 - Enrolled

SENATE FILE
BY COMMITTEE ON STATE
GOVERNMENT

(SUCCESSOR TO SSB
1081)
\5
A BILL FOR
\1
Senate File 351

AN ACT
PROVIDING FOR THE ELIMINATION OF THE IOWA EMERGENCY
RESPONSE COMMISSION.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. Section 29C.5, Code 2017, is amended to read as
follows:
29C.5 Department of homeland security and emergency
management.
The department of homeland security and emergency management
is created. The department of homeland security and emergency
management shall be responsible for the administration of
emergency planning matters, including emergency resource
planning in this state, cooperation with, support of, funding
for, and tasking of the civil air patrol for missions not
qualifying for federal mission status as described in section
29A.3A in accordance with operational and funding criteria
developed with the adjutant general and coordinated with
the civil air patrol, homeland security activities, and
coordination of available services and resources in the event
of a disaster to include those services and resources of the
federal government and private entities. The Iowa emergency
response commission established by section 30.2 is attached to
the department of homeland security and emergency management
for organizational purposes.
Sec. 2. Section 30.1, subsection 1, Code 2017, is amended by
striking the subsection.
Sec. 3. Section 30.1, subsection 2, Code 2017, is amended
to read as follows:
2. "Committee" means a local emergency planning committee
appointed by the commission department.
Sec. 4. Section 30.1, Code 2017, is amended by adding the
following new subsection:
NEW SUBSECTION. 2A. "Department" means the department of
homeland security and emergency management.
Sec. 5. Section 30.5, Code 2017, is amended to read as
follows:
30.5 Commission Department powers and duties.
1. The commission department has the powers necessary
to carry out the functions and duties specified in state law
and the Emergency Planning and Community Right=to=know Act,
including the powers to solicit and accept gifts and grants,
and to adopt rules pursuant to chapter 17A. All federal funds,
grants, and gifts shall be deposited with the treasurer of
state and used only for the purposes agreed upon as conditions
for receipt of the funds, grants, or gifts.
2. The commission department may enter into agreements
pursuant to chapter 28E to accomplish any duty imposed upon the
commission department by the Emergency Planning and Community
Right=to=know Act, but the commission department shall not
compensate any governmental unit for the performance of duties
pursuant to such an agreement. Funding for administering
the duties of the commission department under sections 30.7,
and 30.8, and 30.9 shall be included in the budgets of the
department of natural resources and the department of homeland
security and emergency management.
3. The commission department may request from any state
agency or official the information and assistance necessary to
perform the duties of the commission department. All state
departments, divisions, agencies, and offices shall make
available upon request information which is requested and which
is not by law confidential.
4. The department shall designate local emergency planning
districts and appoint persons to serve on local emergency
planning committees. The department may, upon request, revise
its designations of districts and appointments of committee
members.
5. The department shall supervise and coordinate the
activities of the committees.
6. Upon request by a state or local official or any
person, the department shall obtain from a facility owner
or operator the emergency and hazardous chemical inventory
information which the owner or operator is required to prepare
and submit pursuant to section 312 of the Emergency Planning
and Community Right=to=know Act, 42 U.S.C. {11022, and provide
the information to the requesting party.
7. The department shall make available to the public upon
request during normal working hours material safety data
sheets, lists of hazardous chemicals, inventory forms, toxic
chemical release forms, and follow=up emergency notices in its
possession pursuant to section 324 of the Emergency Planning
and Community Right=to=know Act, 42 U.S.C. {11044.
8. The department shall perform all other functions and
duties as specified in the Emergency Planning and Community
Right=to=know Act.
9. Comprehensive emergency response plans required to
be developed under section 303 of the Emergency Planning
and Community Right=to=know Act, 42 U.S.C. {11003, shall be
submitted to the department. After initial submission, a
plan need not be resubmitted unless revisions are requested
by the department. The department shall review the plan
and shall incorporate the provisions of the plan into its
responsibilities under chapter 29C.
10. The department shall make available to the public upon
request during normal working hours the information in its
possession pursuant to section 324 of the Emergency Planning
and Community Right=to=know Act, 42 U.S.C. {11044.
Sec. 6. Section 30.7, Code 2017, is amended to read as
follows:
30.7 Duties to be allocated to department of natural
resources == emergency and hazardous chemicals.
Agreements negotiated by the commission department and
the department of natural resources shall provide for the
allocation of duties to the department of natural resources as
follows:
1. Material safety data sheets or a list for of chemicals
required to be submitted to the commission department
under section 311 of the Emergency Planning and Community
Right=to=know Act, 42 U.S.C. {11021, shall be submitted to the
department of natural resources. Submission to that department
constitutes compliance with the requirement for notification
to the commission department.
2. Emergency and hazardous chemical inventory forms
required to be submitted to the commission department
under section 312 of the Emergency Planning and Community
Right=to=know Act, 42 U.S.C. {11022, shall be submitted to the
department of natural resources. Submission to that department
constitutes compliance with the requirement for notification
to the commission department.
3. The department of natural resources shall advise the
commission department of the failure of any facility owner or
operator to submit information as required under sections 311
and 312 of the Emergency Planning and Community Right=to=know
Act, 42 U.S.C. {11021 and 11022.
4. The department of natural resources shall make available
to the public upon request during normal working hours the
information forms in its possession pursuant to sections 312
and 324 of the Emergency Planning and Community Right=to=know
Act, 42 U.S.C. {11022 and 11044.
5. The department of natural resources shall compile data or
information from the emergency and hazardous chemical inventory
forms required to be submitted to the commission department
under section 312 of the Emergency Planning and Community
Right=to=know Act, 42 U.S.C. {11022.
Sec. 7. Section 30.8, Code 2017, is amended to read as
follows:
30.8 Duties to be allocated to department of natural
resources.
Agreements negotiated by the commission department and
the department of natural resources shall provide for the
allocation of duties to the department of natural resources as
follows:
1. Emergency notifications of releases required to be
submitted to the commission department under section 304
of the Emergency Planning and Community Right=to=know Act,
42 U.S.C. {11004, shall be submitted to the department of
natural resources. Submission to that department constitutes
compliance with the requirement for notification to the
commission department.
2. The department of natural resources shall advise the
commission department of the failure of any facility owner or
operator to submit a notification as required under section 304
of the Emergency Planning and Community Right=to=know Act, 42
U.S.C. {11004.
3. The department of natural resources shall make available
to the public upon request during normal working hours the
information in its possession pursuant to section 324 of the
Emergency Planning and Community Right=to=know Act, 42 U.S.C.
{11044.
4. The department of natural resources shall compile
the data collected pursuant to section 313 of the Emergency
Planning and Community Right=to=know Act, 42 U.S.C. {11023,
and shall make the compiled data available to the public upon
request.
Sec. 8. Section 30.10, Code 2017, is amended to read as
follows:
30.10 Powers of local emergency planning committees.
The local emergency planning committee appointed by the
commission department for each local emergency planning
district has the powers necessary to carry out the functions
and duties specified in state law and the Emergency Planning
and Community Right=to=know Act.
Sec. 9. Section 30.12, subsection 1, unnumbered paragraph
1, Code 2017, is amended to read as follows:
The commission department may commence a civil action
against an owner or operator of a facility who has violated
federal requirements to do any of the following:
Sec. 10. REPEAL. Sections 30.2, 30.3, 30.4, 30.6, and 30.9,
Code 2017, are repealed.
Sec. 11. CODE EDITOR DIRECTIVE.
1. The Code editor is directed to make the following
transfers:
a. Section 30.5 to section 30.2.
b. Section 30.7 to section 30.3.
c. Section 30.8 to section 30.4.
d. Section 30.10 to section 30.5.
e. Section 30.11 to section 30.6.
f. Section 30.12 to section 30.7.
2. The Code editor shall correct internal references in the
Code and in any enacted legislation as necessary due to the
enactment of this section.

JACK WHITVER

LINDA UPMEYER

W. CHARLES SMITH

TERRY E. BRANSTA

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